Clery Frequently Asked Questions

Questions? Lets Talk! 

What is the Jeanne Clery Act? –  The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act is a federal law originally known as the Campus Security Act. This law, enforced by the U.S. Department of Education, requires universities that participate in federal financial aid programs to disclose information about crime on and around campuses. Because the law is tied to federal student financial aid programs, it applies to most public and private institutions of higher education.

Are Clery and Title IX the same thing? –  No, there are similarities but the two pertain to different laws. The Clery Act focuses on the reporting of Clery-defined crimes occurring within Clery-defined geography. Reports are for statistical and safety review purposes and investigation may not take place if not wanted by the victim. Crime reports must be forwarded by CSAs and names can be withheld. Title IX requires any incident of sexual harassment or misconduct, which includes sexual assault, stalking, domestic violence or dating violence occurring on campus, or between members of the campus community, whether on-or-off campus, must be reported and then investigated by Title IX. Reports must be forwarded by “Responsible Employees” to the Title IX Coordinator, and the report must include the names of those involved when known.

What is required of Cal State University, Dominguez Hills (CSUDH) to remain Clery compliant?

• Publish an annual fire safety and security report containing campus security policy disclosures and statistics for the previous three years for all campuses.
• Submit crime and fire statistics to the Department of Education via a Web-based data collection.
• Request crime statistics from local law enforcement in the jurisdictions where the institution is located.
• Issue timely warning alerts to the campus community about crimes that pose a serious or continuing threat to safety.
• Keep a daily crime and fire log that catalogs all crimes reported to the campus police.
• Have procedures for institutional disciplinary action in cases of dating violence, domestic violence, sexual assault, and stalking. Disclose your policy and procedures in the annual security report.
• Have emergency notification and evacuation procedures, disclose these in the annual fire safety and security report.
• Have missing student notification procedures to aid in determining if a student is missing and in notifying law enforcement personnel. Disclose your policy and procedures in the annual security report.
• Have in place primary and ongoing prevention and awareness programs and campaigns for students and employees.

How does the Violence Against Women Reauthorization Act (VAWA) affect the Clery Act? – The VAWA amended the Clery Act by requiring institutions of higher education to compile statistics for incidents of dating violence, domestic violence, sexual assault, and stalking and to include policies, procedures, and programs regarding these incidents in the institution’s Annual Security Report (ASR).

Who is not a CSA? – Not every employee is a Campus Security Authority (CSA).  “Back office” clerical staff, accounting, IT personnel, and faculty without responsibilities beyond classroom instruction are generally not designated as CSAs.  Individuals who are not designated as CSAs are strongly encouraged (but not obligated) to report Clery qualifying crimes to the Clery Director and UPD.

Does someone have to be convicted of a crime before it is reportable under the Clery Act? – No. Clery crimes are counted when they are reported regardless of prosecution.

Will reporting a crime/incident to a Campus Security Authority mean the police will get involved? – Not necessarily. Although we strongly encourage victims of any crime to seek assistance from law enforcement whenever possible, a report from a CSA will not necessarily result in a police investigation. There are many reasons why a report might not result in a law enforcement action. For example, in many cases the UPD cannot initiate an investigation without the victim/survivor’s assistance. As another example, if a report is about an incident that occurred outside of UPD jurisdiction, the matter would be referred to the authority having jurisdiction (Los Angeles County Sheriff’s Department).

When do CSAs have to report a Clery Crime? – CSAs are required, immediately or as soon as possible upon being informed of a crime, to report the Clery crime.

What criteria is used to determine how crimes are reported? – The Clery Act requires CSUDH to report statistics on Clery crimes in the Annual Security Report (ASR). The criteria for reporting these crimes are as follows:

• All Clery crimes reported to UPD, a CSA, or other law enforcement.
• Location within the Clery Geography.
• Crimes must be disclosed in the year reported.

What happens after a Clery crime report is submitted?

• Report will be reviewed by Campus Police and Clery Director to determine if there is an ongoing threat to the Campus community that needs to be addressed.
• Report will be reviewed to determine, if provided, if the involved parties need any campus resources.
• Report will be reviewed to determine if it is a Clery crime and needs to be included in the Annual Security Report (ASR).

Why is this important to Cal State University, Dominguez Hills (CSUDH)? – Having accurate crime statistics helps CSUDH assess what prevention and safety awareness programs are needed and allows for a better understanding of what resources can be utilized to create a safe and caring community. Non-compliance with these requirements can result in fines of up to $58,328 per violation or limitation of federal funding.

Who is entitled to receive information under the Clery Act? – Currently enrolled students and employees are notified of the availability of the Annual Security Report (ASR), Annual Fire Safety Report (AFSR), and Campus Safety Plan (CPS) via email. Prospective students and employees are eligible to receive the ASR, AFSR, and CPS and are provided information on how to request a copy. The general public has access to the ASR available on the Risk Management’s Department webpage.

Where can I find more information on the Clery Act and its reporting requirements? – The United States Department of Education website has various resources to assist institutions in maintaining full compliance with the Clery Act.  The Handbook on Campus Safety and Security Authority includes guidelines on how institutions must report and manage Clery compliance issues.